novelgazer 3d ago
Nonilex
A federal judge has permanently barred the #Trump admin from using the #AlienEnemiesAct, an 18th century wartime #law, to deport #Venezuelans it has deemed to be *criminals* from the judge’s home district in southern #Texas to a prison in #ElSalvador.
The decision by the judge, Fernando Rodriguez Jr., a Trump appointee, was the most expansive ruling so far by any of the 8 federal jurists who are currently hearing challenges to the use of the statute as part of its wide-ranging #deportation plans
May 1 at 4:21pmWeb
Show threadNonilex3d ago

Full decision here

https://storage.courtlistener.com/recap/gov.uscourts.txsd.2000771/gov.uscourts.txsd.2000771.58.0_1.pdf

“the President's invocation of the #AEA through the Proclamation EXCEEDS THE SCOPE of the statute & is contrary to the plain, ordinary meaning of the statute's terms. As a result, the Court concludes that as a matter of #law, the #ExecutiveBranch cannot rely on the AEA, based on the Proclamation, to detain the Named Petitioners & the certified class, or to remove them from the country.”

#immigration #AlienEnemiesAct #Trump #AbuseOfPower

Show threadNonilex3d ago

[finally a ruling on the invocation of the #law!]

Rodriguez also found that the “plain ordinary meaning” of the acts’s language, like “invasion” & “predatory incursion,” referred to an attack by “military forces” & did not line up w/ #Trump’s claims about the activities of TdA in his proclamation invoking the #AlienEnemiesAct.

“This decision correctly recognized that the president cannot simply declare there’s an invasion & invoke a wartime authority during peacetime,” – ACLU atty #LeeGelernt.

Show threadKierkegaanks regretfully3d ago
@Nonilex (plus it’s probably an admission of guilt)